Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Reports, Forms and Recordkeeping Requirements; Agency Information

Collection Activity Under OMB Review

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act 1995 (44 USC

Chapter 35), this notice announces that the Information Collection

Request (ICR) abstracted below has been forwarded to the Office of

Management and Budget (OMB) for review and comment. The ICR describes

the nature of the information collection and its expected burden. The

Federal Register Notice with a 60-day comment period soliciting

comments on the following collection of information was published on

April 18, 1997 [62 FR 19160].

DATES: Comments must be submitted on or before September 15, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Scott, Office of Motor

Carriers,

[[Page 43576]]

(202) 366-4104, Federal Highway Administration, Department of

Transportation, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Federal Highway Administration (FHWA)

Title: Utility Use and Occupancy Agreements.

OMB Number: 2125-0522.

Type of Request: Reinstatement, without change, of a previously

approved collection for which approval has expired.

Affected Public: Highway authorities.

Abstract: In carrying out the requirements of 23 USC 116 to assure

Federal-aid highway projects are being properly maintained, the

Secretary of Transportation is authorized by 23 USC 315 to prescribe

and promulgate rules and regulations. This authority is delegated to

the Federal Highway Administrator at 49 CFR 1.48. Further, 23 CFR 1.23

and 1.27 establish the authority and responsibility of the

Administrator to prescribe policies and procedures for the use,

occupancy, and maintenance of the rights-of-way of Federal-aid

projects. Under the Federal-aid highway program, States, or their

political subdivisions, actually own the highway rights-of-way. State

and/or local highway authorities are responsible for maintaining the

highway rights-of-way, which includes controlling utility use of it.

The FHWA regulations found in 23 CFR part 645, subpart B require that

in controlling utility use on Federal-aid highway projects, the highway

authority is to document the terms under which the utility is to cross

or otherwise occupy highway rights-of-way. This documentation,

consisting of a use and occupancy agreement, is to be in writing and

must be contained in the highway authority's files. No submission to

the FHWA is required. The use and occupancy agreement issued by the

highway authority serves to document the arrangements made between it

and a utility to allow the utility to use public right-of-way under the

control of the highway authority. These agreements are reviewed

periodically by the FHWA to determine whether or not the State is

effectively maintaining the highway right-of-way and fulfilling its

responsibilities under its utility accommodation policy. The use and

occupancy agreements are an important means of controlling the

installation of utilities in order to provide a safe environment for

highway users.

Estimated Annual Burden Hours: 552,000.

Number of Respondents: 4,600.

ADDRESSES: Send comments to the Office of Information and Regulatory

Affairs, Office of Management and Budget, 725-17th Street, NW.,

Washington, DC 20503, Attention DOT Desk Officer. Comments are invited

on: Whether the proposed collection of information is necessary for the

proper performance of the functions of the Department, including

whether the information will have practical utility; the accuracy of

the Department's estimate of the burden of the proposed information

collection; ways to enhance the quality, utility and clarity of the

information to be collected; and ways to minimize the burden of the

collection of information on respondents, including the use of

automated collection techniques or other forms of information

technology.

Issued in Washington, DC, on August 8, 1997.

Vanester M. Williams,

Clearance Officer, United States Department of Transportation.

[FR Doc. 97-21568 Filed 8-13-97; 8:45 am]

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